Terms of service

Scope

1.1. For the business relationship between mizaru GmbH, Lerchenfeldstraße 47, 79199 Kirchzarten (hereinafter "Seller") and the customer (hereinafter "Customer"), the following General Terms and Conditions in their version valid at the time of the order shall apply exclusively.

1.2. You can reach our mizaru® customer service for questions, complaints, and objections by email at shop@mizaru.de or via our contact form.

1.3. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity in writing.

Offers and Descriptions of Services

2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to submit an order (invitatio ad offerendum).

2.2. All offers are valid "while stocks last" unless otherwise noted on the products. Otherwise, errors are reserved.

Ordering Process and Conclusion of Contract

3.1. The customer can select products from the seller's range without obligation and collect them via the [Add to Cart] button. Subsequently, the customer can proceed to complete the ordering process within the shopping cart via the [Proceed to Checkout] button.

3.2. Via the [Order with obligation to pay] button (or a correspondingly clearly labeled button), the customer submits a binding offer to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.

3.3. The seller will then send the customer an automatic confirmation of receipt by email (order confirmation). This merely documents the receipt of the order and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller dispatches the ordered product to the customer or confirms the dispatch with an explicit order confirmation or invoicing.

Right of Withdrawal

Consumers are generally entitled to a statutory right of withdrawal. Further information on this can be found in the seller's separate right of withdrawal instruction.

Prices and Shipping Costs

5.1. The stated product prices are in Euros and include the statutory value-added tax of currently 7% for customers in Germany and Austria. For deliveries to Switzerland, slightly adjusted net prices apply; any import duties, taxes, or customs duties incurred shall be borne by the customer.

5.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs as well as any thresholds for free shipping are clearly communicated to the buyer in the shopping cart and on the checkout page.

Delivery and Product Availability

6.1. If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.

6.2. If the ordered product is not available because the seller is not supplied by their supplier through no fault of their own, the seller may withdraw from the contract. In this case, the customer will be informed immediately, and any counter-performances already rendered will be refunded immediately.

6.3. Customers are informed about delivery times and delivery restrictions on a separate information page or within the respective product description.

Payment Modalities

The customer can choose from the available payment methods during the ordering process. If third-party providers are commissioned with payment processing (e.g., PayPal, Klarna, Stripe), their general terms and conditions shall apply additionally.

Retention of Title

The delivered goods remain the property of mizaru GmbH until full payment has been made.

Warranty

9.1. The warranty is governed by statutory regulations.

9.2. For questions or complaints, you can reach our customer service at shop@mizaru.de.

Liability

10.1. The seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

10.2. Furthermore, the seller is liable for the slightly negligent breach of essential obligations (cardinal obligations), the breach of which jeopardizes the achievement of the purpose of the contract. In this case, however, the seller is only liable for the foreseeable damage typical of the contract.

10.3. The above limitations of liability do not apply in the event of injury to life, limb, or health, for a defect after assuming a guarantee for the condition of the product, and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

Storage of the Contract Text

11.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.

11.2. The seller sends the customer an order confirmation with all order data to the email address provided by them. With the order confirmation, the customer also receives a copy of the GTC together with the right of withdrawal instruction.

Final Provisions

12.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Freiburg im Breisgau.

12.3. The European Commission no longer provides an active platform for online dispute resolution (ODR). We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12.4. The contract language is German.